Legislation

Each year, we work with our legislative team at VanceMitchem Public Affairs to track legislation moving through the Indiana General Assembly that could affect brewery members of the Guild. We encourage you to review proposed legislation as well and either reach out to us with feedback and/or to contact your local Senator or State Representative to share your thoughts on how specific legislation would affect your business – either positively or negatively. If you have questions about the Guild’s position on any of the following, please don’t hesitate to reach out.


Report below created on January 27, 2023

The information here will be updated at the beginning of each week with statuses and reports on each bill.

 


HB1057 | SERVICE AND DELIVERY OF ALCOHOLIC BEVERAGES (FRYE R) Allows a beauty culture salon (salon) to serve complimentary wine or beer by the glass to a customer on the premises without an alcoholic beverage permit. Allows a minor to be present in the salon. Allows a grocery store or drug store to deliver carryout alcoholic beverages to a customer in the store’s parking lot or an adjacent area.

Current Status: 1/19/2023 – added as coauthor Representative Andrade M

Recent Status: 1/9/2023 – added as coauthor Representative Lucas
1/9/2023 – Referred to House Public Policy

State Bill Page:  HB1057


HB1120 | ARTISAN DISTILLERS (LUCAS J) Modifies a provision that specifies the general purposes of laws concerning alcohol and tobacco. Increases the number of gallons of liquor that an artisan distiller may produce in a calendar year from 10,000 to 30,000. Amends the limitations on the amount of liquor from another manufacturer that an artisan distiller may obtain and use.

Current Status:  1/10/2023 – Referred to House Public Policy

Recent Status:  1/10/2023 – First Reading

1/10/2023 – Coauthored by Representatives Bartels and O’Brien

State Bill Page:  HB1120


HB1187 | DESIGNATED OUTDOOR REFRESHMENT AREAS (LYNESS R) Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Makes it a Class C misdemeanor for a participating retailer permittee or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter the refreshment area with an alcoholic beverage.

Current Status: 1/24/2023 – added as coauthors Representatives Lindauer and Miller K

Recent Status: 1/12/2023 – added as coauthor Representative Bartels

1/10/2023 – Referred to House Public Policy

State Bill Page:  HB1187


HB1212 | PRIVACY OF NONPROFIT DONOR INFORMATION (KARICKHOFF M) Prohibits, with certain exceptions, a state or local agency (agency) from collecting or disclosing information that identifies an individual or business entity as a member, supporter, volunteer, or donor of financial or nonfinancial support to a nonprofit organization. Permits the filing of an action for declaratory or injunctive relief against an agency regarding the collection or disclosure of personal information. Provides that an agency officer, employee, or board member is liable for actual or liquidated damages for unlawful disclosure of personal information.

Current Status:  1/30/2023 – House Bills on Second Reading

Recent Status:  1/26/2023 – Committee Report do pass, adopted

1/25/2023 – House Committee recommends passage Yeas: 8; Nays: 3

State Bill Page:  HB1212


HB1217 | SPECIAL EVENT EQUIPMENT (MANNING E) Allows a primary source of supply or wholesaler to allow a permittee to use its equipment to hold and dispense alcoholic beverages to consumers during a special event.

Current Status: 1/12/2023 – added as coauthor Representative Bartels

Recent Status: 1/10/2023 – Referred to House Public Policy 1/10/2023 – First Reading

State Bill Page:  HB1217


HB1249 | THREE-WAY ALCOHOL PERMIT IN UNINCORPORATED AREA (HATFIELD R) Provides, for purposes of satisfying the minimum annual or monthly gross food sales requirement for a three-way restaurant permit in an unincorporated area, that the sum of the gross food sales of: (1) the restaurant; and (2) a food truck that sells food near the restaurant during the restaurant’s hours of operation; shall be considered the gross food sales of the restaurant.

Current Status:  1/11/2023 – Referred to House Public Policy

Recent Status:  1/11/2023 – First Reading

1/11/2023 – Authored By Ryan Hatfield

State Bill Page:  HB1249


HB1310 | SMALL BREWERIES (BARTELS S) Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. Makes a conforming amendment.

Current Status:  1/11/2023 – Referred to House Public Policy

Recent Status:  1/11/2023 – First Reading

1/11/2023 – Authored By Steve Bartels

State Bill Page:  HB1310


HB1311 | ADOPTION OF FOOD AND BEVERAGE TAXES (SLAGER H) Provides that a local unit fiscal body may impose a uniform food and beverage tax if the local unit is not required or authorized to impose a food and beverage tax under any other law (other than the stadium and convention funding food and beverage tax). Provides that a local unit must receive legislative approval to impose a food and beverage tax. Provides that the local business community or a group of local businesses that would be required to collect the tax must show support for the tax. Provides that a local unit fiscal body must pass a resolution of support and intent to approve a food and beverage tax under this chapter.

Provides that after a local unit passes a resolution of support to approve a food and beverage tax, the local unit may adopt an ordinance to impose an excise tax. Specifies that the tax rate may not exceed 1% and must be imposed in increments of 0.25%. Provides that a group of three or more local units working toward a common project may impose a tax rate of up to 3%. Provides that revenue from the tax may be used by the local unit, after appropriation by the local unit fiscal body, only for: (1) capital improvements that promote economic development and complement and enhance the level of visitation in the local unit, including fairgrounds, convention centers, or conference centers;

(2) certain costs that are necessary or useful for such a capital improvement; and (3) paying the principal and interest of any bonds issued or lease rental payments for a lease entered into for these purposes. Specifies that the tax revenue may not be used to: (1) pay for any operating expenses of an operating capital project; or (2) pay any local unit operating expenses. Authorizes the local unit fiscal body to pledge the tax revenue to pay bonds issued, loans obtained, and lease payments or other obligations incurred by or on behalf of the local unit for purposes authorized under the uniform food and beverage tax law. Specifies that a uniform food and beverage tax imposed in a local unit remains in effect until the expiration of the capital improvement bond or lease being used to carry out the capital improvements.

Current Status:  1/11/2023 – Referred to House Ways and Means

Recent Status:  1/11/2023 – First Reading

1/11/2023 – Authored By Harold Slager

State Bill Page:  HB1311


HB1349 | OUTDOOR REFRESHMENT AREAS (LINDAUER S) Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Makes it a Class C infraction for a participating retailer permittee or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter the refreshment area with an alcoholic beverage.

Current Status:  1/30/2023 – House Bills on Third Reading

Recent Status: 1/26/2023 – Second reading ordered engrossed

1/26/2023 – House Bills on Second Reading

State Bill Page:  HB1349


HB1430 | BUSINESS PERSONAL PROPERTY TAX EXEMPTION (MAYFIELD P) Increases the acquisition cost threshold for the business personal property tax exemption from $80,000 to $250,000.

Current Status: 1/25/2023 – House Ways and Means, (Bill Scheduled for Hearing); Time & Location: 1:30 PM, Rm. 404

Recent Status:  1/17/2023 – Referred to House Ways and Means

1/17/2023 – First Reading

State Bill Page:  HB1430


HB1442 | OUTDOOR REFRESHMENT AREAS (GIAQUINTA P) Allows a municipality to create an outdoor refreshment area (area) in which persons may consume alcoholic beverages purchased within the area with the approval of the alcohol and tobacco commission (commission). Allows minors within the area. Prohibits an area located within 200 feet of a school or church unless the school or church does not object. Makes it a Class C misdemeanor for a person to do any of the following: (1) Carry an alcoholic beverage into an area that was not purchased from a participating retailer or vendor. (2) Carry an alcoholic beverage into an area without wearing a wristband identification. (3) Carry an alcoholic beverage outside the area. Makes it a Class C misdemeanor for a participating retailer or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter an area with an alcoholic beverage.

Current Status:  1/17/2023 – Referred to House Public Policy

Recent Status:  1/17/2023 – First Reading

1/17/2023 – Coauthored by Representative Miller K

State Bill Page:  HB1442


HB1510 | BEER IN FOOD PRODUCTION (JOHNSON B) Provides that certain brewers may sell or transfer beer to certain food manufacturers for the purpose of adding or integrating the beer into a product or recipe. Provides that a product that contains the transferred beer may not contain more than 0.5% of alcohol by volume when the product leaves the food manufacturer’s facility. Requires the brewer to destroy a finished product that contains more alcohol by volume than is permitted.

Current Status:  1/17/2023 – Referred to House Public Policy

Recent Status:  1/17/2023 – First Reading

1/17/2023 – Coauthored by Representative Moed

State Bill Page:  HB1510


HB1544 | BEER WHOLESALERS AND MIXED BEVERAGES (JETER C) Provides that a beer wholesaler may possess, transport, sell, and deliver mixed beverages only to a person who holds certain alcohol permits. Allows a beer wholesaler to sell, donate, transport, and deliver mixed beverages to certain qualified organizations. Requires the alcohol and tobacco commission to adopt certain rules regarding mixed beverages. Provides that a beer wholesaler’s bona fide regular employees may purchase mixed beverages from the wholesaler in an amount not to exceed 18 liters at any one time. Provides that a beer wholesaler may not extend credit for the sale of mixed beverages. Provides that a beer wholesaler that wholesales mixed beverages may not be required to apply for or maintain a liquor wholesaler’s permit or to pay a fee to wholesale mixed beverages. Provides that a beer wholesaler that wholesales mixed beverages may keep or store mixed beverages at certain premises. Modifies the definition of “liquor” and adds a definition of “mixed beverage”.

Current Status:  1/31/2023 – House Public Policy, (Bill Scheduled for Hearing); Time & Location:

10:30 AM, Rm. 156-B

Recent Status: 1/19/2023 – Referred to House Public Policy 1/19/2023 – First Reading

State Bill Page:  HB1544

 


HB1579 | RETAIL RECYCLING MACHINE SALES TAX EXEMPTION (O’BRIEN T) Provides a temporary sales and use tax exemption (exemption) for the purchase of a beverage container processing mechanism by retail merchants, professional sports or entertainment venues, airports, or institutions of higher education. Requires the legislative services agency to evaluate the exemption’s effectiveness and economic impact one year before its expiration.

Current Status:  1/19/2023 – Referred to House Ways and Means

Recent Status:  1/19/2023 – First Reading

1/19/2023 – Authored By Timothy O’Brien

State Bill Page:  HB1579


HB1585 | SALE OF COLD ALCOHOLIC BEVERAGES (MANNING E) Makes it a Class B misdemeanor for a grocery store or drug store to sell an iced or cooled alcoholic beverage. (Current law prohibits the sale of iced or cooled beer by a grocery store or drug store.) Specifies that a package liquor store may sell any alcoholic beverage iced or cooled. Makes conforming amendments.

Current Status:  1/19/2023 – Referred to House Public Policy

Recent Status:  1/19/2023 – First Reading

1/19/2023 – Authored By Ethan Manning

State Bill Page:  HB1585


HB1618 | EXEMPTION FOR NEW BUSINESS PERSONAL PROPERTY (PAYNE Z) Provides that for business personal property purchased after December 31, 2023, the total acquisition cost of a taxpayer’s total business personal property in a county for an assessment date is exempt from taxation.

Current Status:  1/19/2023 – Referred to House Ways and Means

Recent Status:  1/19/2023 – First Reading

1/19/2023 – Coauthored by Representatives Morrison, Sweet and Hostettler

State Bill Page:  HB1618


HB1624 | INDIANA CRAFT BEVERAGE COUNCIL (BARTELS S) Modifies a provision that specifies the general purposes of laws concerning alcohol and tobacco. Repeals provisions concerning the wine grape market development council (wine council) and the wine grape market development fund (wine fund). Establishes the Indiana craft beverage council (craft council), Indiana craft beverage council fund (craft council fund), and Indiana craft beverage foundation fund. Specifies the duties of the craft council. Requires the department of state revenue to transfer to the craft council fund a portion of the excise tax collected on beer, flavored malt beverages, liquor, wine, and hard cider. Transfers certain property and liabilities from the wine council and wine fund to the craft council and craft council fund. Allows the craft council to establish a nonprofit subsidiary corporation exempt from federal income taxation to solicit and accept certain private sector funding. Defines terms and makes conforming amendments.

Current Status:  1/31/2023 – House Public Policy, (Bill Scheduled for Hearing); Time & Location: 10:30 AM, Rm. 156-B

Recent Status: 1/19/2023 – Referred to House Public Policy 1/19/2023 – First Reading

State Bill Page:  HB1624


SB20 | DESIGNATED OUTDOOR REFRESHMENT AREAS (BROWN L) Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Makes it a Class C misdemeanor for a participating retailer permittee or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter the refreshment area with an alcoholic beverage.

Current Status:  2/1/2023 – Senate Public Policy, (Bill Scheduled for Hearing); Time & Location: 1:30 PM, Rm. 431

Recent Status: 1/9/2023 – Referred to Senate Public Policy 1/9/2023 – First Reading

State Bill Page:  SB20


SB27 | DESIGNATED OUTDOOR REFRESHMENT AREAS (PERFECT C) Allows the city of Lawrenceburg to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the church or school does not object. Allows a minor to be within the refreshment area.

Makes it a Class C misdemeanor for a participating retailer permittee or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter the refreshment area with an alcoholic beverage.

Current Status:  1/9/2023 – Referred to Senate Public Policy

Recent Status:  1/9/2023 – First Reading

1/9/2023 – Authored By Chip Perfect

State Bill Page:  SB27


SB28 | DESIGNATED OUTDOOR REFRESHMENT AREAS (PERFECT C) Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Makes it a Class C misdemeanor for a participating retailer permittee or vendor to: (1) sell a person more than one alcoholic beverage at a time or an alcoholic beverage that exceeds the volume limitations; or (2) allow a person who is not wearing a wristband identification to enter the refreshment area with an alcoholic beverage.

Current Status:  1/9/2023 – Referred to Senate Public Policy

Recent Status:  1/9/2023 – First Reading

1/9/2023 – Authored By Chip Perfect

State Bill Page:  SB28


SB37 | FOOD AND BEVERAGE TAXES (GASKILL M) Requires each local unit that imposes a food and beverage tax to annually report information concerning distributions and expenditures of amounts received from the food and beverage tax. Provides that food and beverage taxes currently authorized under IC 6-9 and that do not otherwise contain an expiration date (other than the stadium and convention building authority food and beverage tax and the historic hotels food and beverage tax) shall expire on the later of: (1) January 1, 2045; or (2) the date on which all bonds or lease agreements outstanding on May 7, 2023, are completely paid. Requires each local unit that imposes a food and beverage tax that is subject to the expiration provision to provide to the department of local government finance (department) a list of each bond or lease agreement outstanding on May 7, 2023, and the date on which each will be completely paid. Requires the department to publish the information on the gateway website. Declares the intention of the general assembly to only authorize local units to impose new food and beverage taxes based on specified criteria.

Current Status:  1/24/2023 – added as coauthor Senator Niezgodski

Recent Status: 1/24/2023 – added as coauthor Senator Messmer 1/24/2023 – added as third author Senator Rogers

State Bill Page:  SB37


SB281 | BUSINESS PERSONAL PROPERTY TAX EXEMPTION (FREEMAN A) Increases the acquisition cost threshold for the business personal property tax exemption from $80,000 to $250,000.

Current Status:  1/11/2023 – Referred to Senate Tax and Fiscal Policy

Recent Status:  1/11/2023 – First Reading

1/11/2023 – Authored By Aaron Freeman

State Bill Page:  SB281


SB303 | PRIVACY PROTECTIONS FOR NONPROFIT ORGANIZATIONS (BROWN L) Defines “personal information”, with respect to a nonprofit organization, as a compilation of data that directly or indirectly identifies a person as a member of, supporter of, volunteer for, or donor to, the nonprofit organization. Prohibits a public agency (defined in the bill as a state agency or a political subdivision) from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the public agency, or otherwise compelling the release of personal information. (2) Releasing, publicizing, or publicly disclosing personal information in its possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support. Provides exceptions to these prohibitions with respect to disclosures made: (1) in compliance with specified laws; or (2) under certain circumstances in the context of litigation. Provides that personal information is considered confidential and is not subject to disclosure under Indiana’s access to public records act (act). Provides that a person alleging a violation of the bill’s provisions may bring a civil action for injunctive relief, specified damages, or both. Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill’s provisions is subject to the penalties and discipline that apply with respect to violations of the act.

Current Status: 1/24/2023 – House sponsor: Representative Karickhoff

Recent Status: 1/24/2023 – Third reading passed; Roll Call 23: yeas 50, nays 0 1/24/2023 – Senate Bills on Third Reading

State Bill Page:  SB303


SB313 | ACCELERATED DEPRECIATION (ROGERS L) Couples Indiana depreciation provisions with federal depreciation provisions under Section 179 of the Internal Revenue Code.

Current Status:  1/19/2023 – added as third author Senator Baldwin

Recent Status: 1/12/2023 – Referred to Senate Appropriations

1/12/2023 – First Reading

State Bill Page:  SB313


SB388 | FOOD AND BEVERAGE TAXES (HOLDMAN T) Requires each local unit that imposes a food and beverage tax to annually report information concerning distributions and expenditures of amounts received from the food and beverage tax. Authorizes the city of Columbia City to impose a food and beverage tax.

Current Status: 1/31/2023 – Senate Tax and Fiscal Policy, (Bill Scheduled for Hearing); Time & Location: 9:00 AM, Rm. 431

Recent Status: 1/19/2023 – Referred to Senate Tax and Fiscal Policy 1/19/2023 – First Reading

State Bill Page:  SB388


SB418 | EMERGENCY MEDICAL ASSISTANCE (ZAY A) Provides that a person for whom emergency medical assistance was requested is immune from prosecution for the violation of certain alcohol and controlled substance possession laws. Provides that a law enforcement officer may not take a person into custody for the violation of a drug possession violation if the law enforcement officer reasonably believes the person is the person who requested emergency medical assistance or acted in concert with another person who requested emergency medical assistance. Provides that a court may consider that a person was convicted of a crime relating to the possession of alcohol or a controlled substance and the person’s arrest or prosecution was facilitated in part because another person requested emergency medical assistance for the person as a mitigating circumstance or as favoring suspending a sentence and imposing probation. Makes a technical correction.

Current Status:  1/19/2023 – Referred to Senate Corrections and Criminal Law

Recent Status:  1/19/2023 – First Reading

1/19/2023 – Authored By Andy Zay

State Bill Page:  SB418


SB428 | MERRILLVILLE FOOD AND BEVERAGE TAX (MELTON E) Authorizes the town of Merrillville to impose a food and beverage tax.

Current Status:  1/19/2023 – Referred to Senate Tax and Fiscal Policy

Recent Status:  1/19/2023 – First Reading

1/19/2023 – Authored By Eddie Melton

State Bill Page:  SB428

 

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